The Board of County Commissioners of Brevard County, Florida, met in regular session on January 29, 1998, at 5:30 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Vice Chairman Truman Scarborough, Commissioners Randy O'Brien, Nancy Higgs, and Mark Cook, Community Development Administrator Peggy Busacca, and Assistant County Attorney Eden Bentley. Absent was: Chairman Helen Voltz.

The Invocation was given by Commissioner Randy O'Brien, District 2.

Commissioner Truman Scarborough led the assembly in the Pledge of Allegiance.

ANNOUNCEMENT

Vice Chairman Scarborough announced Chairman Helen Voltz is in Tallahassee this evening on County business.

CONSIDERATION OF OPINION, RE: CONDITIONAL USE PERMITS

Vice Chairman Scarborough stated the Board requested the County Attorney look into the possibility of continuing the requests for Conditional Use Permits; and requested anyone wishing to address items with CUPs submit a card.

Commissioner Cook stated the issue of CUPs came up a few weeks ago; there was a CUP which was granted by a previous Board in 1980; there had been a subsequent change in zoning on the property; the Board was not aware of the existing CUP; and a permit was issued to allow the tower to be built. He stated the citizens in the area were upset that something could carry over for eighteen years; and that incident is what generated the Board's action to hold off on CUPs until staff researches all outstanding CUPs. He stated the Board needs all information regarding zoning items in order to protect the public interest.

Assistant County Attorney Eden Bentley advised as part of the CUP process, the Board has to consider the character of the neighborhood, whether there is a detrimental impact as a result of the approval of the CUP, and the compatibility; and it is necessary for the Board to know what is in the neighborhood. She stated the Board's procedures and an Ordinance provide that when the Board needs additional information in order to make a decision, it may table the item to obtain the information; the Board has already asked staff to return with additional information; and as the report is not ready at this time, the Board does not have the information it needs to proceed. She noted in some instances the Board may feel it has enough information to proceed; and commented on the problems with notification.

Vice Chairman Scarborough stated each item must be discussed individually; and advised of the situation with one item in his District. He stated Sea Ray Boats came to the January 27, 1998 meeting and expressed concern.

Commissioner Higgs stated an applicant from District 3 may be present to discuss his item; but they have been advised of the Board's discussion.

Vice Chairman Scarborough inquired how should the Board handle those cases where someone is present to address an item, but the applicant has been advised by staff they do not have to be present because the item will be tabled. Ms. Bentley recommended the Board table such items. Vice Chairman Scarborough stated there are nine CUP requests on the Agenda this evening; and requested any applicants who are present inform the Zoning Official.

REPORT, RE: MEETING WITH GOVERNOR CHILES

Commissioner O'Brien advised the Board met with Governor Chiles this afternoon, and Vice Chairman Scarborough gave an excellent speech.

REPORT, RE: CRANE CREEK DREDGING PROJECT

Commissioner Higgs stated she represented the County at the kickoff of the Crane Creek Dredging Project; and provided each Commissioner with a gift of muck from the Indian River Lagoon. She stated the project is a partnership between the County, the City of Melbourne, the St. Johns River Water Management District, and the Florida Inland Navigation District; and advised of the advantages of the project.

Zoning Official Rick Enos advised four owners, applicants, or representatives are present for items 101, 203, 303 and 401. Vice Chairman Scarborough inquired what were the other five items; with Mr. Enos advising of the other five CUP requests.

PUBLIC HEARING, RE: ZONING RECOMMENDATIONS OF NOVEMBER 3, 1997 AND DECEMBER 5, 1997

Vice Chairman Scarborough called for the public hearing to consider recommendations made by the Planning and Zoning Board at its November 3, 1997 and December 5, 1997 meetings, as follows:

Item 10. South Palm Bay Development Corporation's request for a Conditional Use Permit for Land Alteration in an AU zone on 46.276 acres located 0.17 mile south of Micco Road, and approximately 0.21 mile west of Bird Drive, which was approved by the Planning and Zoning Board; and Item 11. South Palm Bay Development Corporation's request for a Conditional Use Permit for Land Alteration in an AU zone on 49.719 acres located on the south side of Micco Road, which was approved by the Planning and Zoning Board.

Commissioner Higgs inquired when the report will be ready; with Mr. Enos responding staff was given 30 days; and the report will come to the Board at the next zoning meeting. Community Development Administrator Peggy Busacca stated the Board will have the completed report in 30 days including options for Conditional Use Permits; but the Board may need time to evaluate and discuss the report. Mr. Enos stated when the applicants were notified verbally and in writing, they were told the Board would table the item to the March, 1998 meeting.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to table Items 10 and 11 to March 26, 1998 meeting of the Board of County Commissioners. Motion carried and ordered unanimously.

Item 9. James W. Gentry's request for Conditional Use Permit for Towers and Antennas (195-foot Lattice Telecommunications Tower) in an AU zone on 15.56 acres located on the north side of Valkaria Road, on the west side of I-95, which was denied by the Planning and Zoning Board.

Mr. Enos advised Item 9 has been withdrawn.

Item 10. Michael D. and Sandra J. Douglas and C. Steve and Debra K. Douglas' request for Conditional Use Permit for Towers and Antennas (150-foot Monopole Telecommunications Tower) in a BU-2 zone on 6 acres located on the south side of Micco Road, on the east side of the FECRR right-of-way, which was approved by the Planning and Zoning Board.

Mr. Enos advised there has been a request from the applicant to table Item 10 for one month.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to table Item 10 to March 26, 1998 Board of County Commissioners meeting. Motion carried and ordered unanimously.

Mr. Enos stated Item 10 is the tower that is located at Micco Road and US 1. Vice Chairman Scarborough inquired if anyone is present to address the item; with no response heard.

Item 15. John G. Carey, M.D.'s request for Conditional Use Permit for Alcoholic Beverages for On-Premises Consumption in a BU-1 zone on .34 acre located on the southeast corner of U.S. 1 and Belmont Avenue, which was denied by the Planning and Zoning Board.

Vice Chairman Scarborough stated the applicant was notified not to appear; and the Board cannot vote on the item because it would be a denial of due process.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to table Item 15 to March 26, 1998 Board of County Commissioners meeting. Motion carried and ordered unanimously.

Jim McHenry inquired what is happening with the issue. Vice Chairman Scarborough explained why the item cannot be heard; and stated there is a high probability the applicant will not get what he is requesting. Mr. McHenry inquired if Dr. Carey will be present in March; with Vice Chairman Scarborough responding affirmatively.

PUBLIC HEARING, RE: ZONING RECOMMENDATIONS OF JANUARY 5, 1998

Vice Chairman Scarborough called for the public hearing to consider the recommendations made by the Planning and Zoning Board at its January 5, 1998 meeting, as follows:

Item 101. Franklin G. Buckoski's request for change of classification from AU to RU-1-13 and a Conditional Use Permit for a Bed and Breakfast Inn on 0.4287? acre located on the southwest corner of SR 46 and Singleton Avenue, which was approved by the Planning and Zoning Board.

Mr. Enos advised Mr. Dickens is present, but is not an official applicant, although he does have an interest in the property.

Vice Chairman Scarborough inquired if Mr. Buckoski gave Mr. Dickens authority to speak for him; with Mr. Dickens responding affirmatively. Ms. Bentley inquired if a Form A has been submitted; with Mr. Enos responding no. Mr. Dickens stated he has no written authority, but lives in the house, and will be the manager of the property. Ms. Bentley advised of the procedure to represent an applicant. Vice Chairman Scarborough explained why Mr. Dickens cannot represent Mr. Buckoski at this hearing.

Discussion ensued on addressing the Board, and whether the zoning can be considered.

Vice Chairman Scarborough inquired if anyone is present in opposition to Item 101; with no response heard. Ms. Bentley advised if after the Board looks at the zoning file and listens to testimony, it wishes to approve the zoning, she does not think Mr. Buckoski would object.

Discussion resumed on cost of the delay, whether it will be possible to make application for permit for the Bed and Breakfast, whether the property qualifies under current zoning for one room, and quasi-judicial meetings.

Zoning Official Rick Enos advised Item 203 depends upon Item 202, and Item 202 will need to be considered first. He stated there has been a request from the applicant to table Item 301 to February 2, 1998. Commissioner Higgs expressed preference to defer the item to March, 1998.

Item 301. Gary Coppola's request for a Substantial Expansion of Pre-existing Use in TU-1/20 (General Tourist Commercial Capped at 20 Units) with Pre-existing Use (337) and RU-2-4 (Low Density Multi-Family Residential) on 3.9? acres located on the east side of A1A directly opposite Amber Place, which was tabled to February 2, 1998 Planning and Zoning meeting at the request of the applicant.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to table Item 301 to March 26, 1998 Board of County Commissioners meeting. Motion carried and ordered unanimously.

Vice Chairman Scarborough inquired if anyone is present with an interest in Item 301; with two people indicating interest. Vice Chairman Scarborough advised Item 301 will be considered in March, 1998. He stated Items 203, 303 and 401 will be heard tonight.

Vice Chairman Scarborough inquired if anyone opposes Items 203, 303 or 401; with no response heard. Commissioner Higgs stated in District 3, her office has advised those who have called of the situation. Planner Tom Myers advised people were present to address Item 303, but were sent away. Vice Chairman Scarborough stated if there is any doubt, the Board should table the item.

Item 303. David and Deborah LaDrew's request for a Conditional Use Permit for Single-Family Residential Second Kitchen Facility in an EU-2 zone on .34 acre located on the south side of River Walk Drive, approximately 0.16 mile west of SR A1A, which was approved by the Planning and Zoning Board.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to table Item 303 to March 26, 1998 Board of County Commissioners meeting. Motion carried and ordered unanimously.

Vice Chairman Scarborough stated the Board will consider Item 101 for zoning only, 203, and 401; and all other CUP requests have been tabled.

Item 201. Gloria Godinez Garcia and William J. Hampton's request for change from AU to RR-1 on 10.4 acres located on the north side of Crisafulli Road, approximately 0.10 mile west of SR 3, which was approved by the Planning and Zoning Board.

Commissioner O'Brien stated this is Doug Robertson's project; Mr. Robertson believes concerns about flooding in North Merritt Island can be worked out; and he requested the item be tabled for 30 days.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to table Item 201 to February 26, 1998 Board of County Commissioners meeting. Motion carried and ordered unanimously.

Item 16. The Viera Company's request for change from BU-1 to GML on 1.96? acres located on the east side of Murrell Road, approximately 0.27 mile north of Wickham Road, which was approved by the Planning and Zoning Board.

Commissioner Cook stated there has been additional community outreach; and inquired if staff is aware of any response; with Ms. Busacca responding there has been none. Commissioner Cook stated it has been changed slightly since the Site Plan was submitted, and is now 1.64 acres; and inquired if staff is satisfied that is adequate for the needs; with Ms. Busacca indicating it is.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to approve Item 16 as recommended. Motion carried and ordered unanimously.

Item 7. Cecil Ross and Patricia A. Adams' request for change from AU to RR-1 on 1 acre located on the south side of Hideaway Lane, 330 feet east of the end of County road maintenance, which was approved by the Planning and Zoning Board.

Commissioner Higgs stated she would like assurance that the undeveloped abutting property which has a lake would remain as it is. Cecil Ross Adams advised it will remain a pond. Katherine Corsaut stated she owns property on Hideaway Lane, and is willing to confirm that the lake will remain.

Discussion ensued on how to make such assurance binding.

Ms. Corsaut stated she has no problem with a Binding Development Agreement concerning the lake. Ms. Bentley advised the two parties will need to work together on the Agreement. Commissioner Higgs recommended the applicant contact Mr. Enos after the meeting.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to approve Item 7 as recommended, contingent upon a Binding Development Agreement assuring the pond will remain on abutting property. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ZONING RECOMMENDATIONS OF PORT ST. JOHN DEPENDENT SPECIAL DISTRICT BOARD OF JANUARY 7, 1998

Vice Chairman Scarborough called for the public hearing to consider recommendations made by the Port St. John Dependent Special District Board at its January 7, 1998 meeting, as follows:

Item 1. John M. & Mary J. Merritt, Joe C. & Pamela S. Shinpaugh, Pamela S. Fairburn, Matthew Baran, RJM Investments, Inc., a Florida Corporation, Romar Homes, Inc., a Florida Corporation, Noel F. & Delores Powers, Addie O. Pollard, Jacquelin L. Wade, and Mitchell S. Goldman's request for change from RP and RU-1-9 to BU-1 on 3 acres located on the southwest corner of Fay Boulevard and US Highway 1, which was approved by the Planning and Zoning Board

with a buffer zone starting at the southwest corner of the subject property, extending 100 feet east along LaFair Street and extending 100 feet north along Haverhill Road.

Tom Sash, representing the applicants, stated the request is to rezone the three-acre parcel from RP and RU-1-9; described the surrounding properties; and pointed out the area on the map. He stated the property in question is land use planned as commercial; at a meeting with Port St. John homeowners, there was concern about buffering and encroachment on residential; and the eight owners of the parcel have addressed the concerns of the adjoining property owners. He stated they have agreed to put additional landscape buffers on the west side of the property and along the southwest corner where it adjoins residential; and the people are present to advise they no longer object to the project. He stated it is in conformance with the land use plan, has adequate utilities, and the level of service is adequate to handle the proposed development.

Ulmer Cleland, representing his mother Joan Cleland, stated his mother submitted a letter objecting to the development, but has received assurances that there will be a binding development plan that will provide that the adjoining residents will not see the back of buildings, dumpsters, etc. He stated if that is the case, his mother will withdraw her objection.

Discussion ensued on the assurance of a natural buffer sufficient to block the view of the commercial establishment, the location of the buffer, the Planning and Zoning Board recommendation, and description of the area.

Dr. Rick Chandler, Pastor of the First United Methodist Church, stated the church property is three acres west on Haverhill Road; he has been in discussion with Mr. Sash and Mr. Honeycutt; and withdrew objection to the rezoning contingent on a binding development plan whereby the retention pond on the southwest corner will be a dry pond, if possible, and with the landscape buffer.

Discussion resumed on the location and composition of the buffer.

Rodney Honeycutt, representing the applicant, stated he met with Reverend Chandler and the other owners; and what they talked about was a buffer along the length of Haverhill Road except for the driveways and parking lot, and east along LaFair Street to the end of the residential zoning, but no distance was mentioned.

Pam Shinpaugh, Joe Shinpaugh, and Noel Powers waived their right to speak.

Mitch Goldman advised of other projects by Mr. Sash; and stated the new project will be a credit to the community.

Roger Molitor waived his right to speak.

Vice Chairman Scarborough stated Mary Tees, representing the Port St. John Homeowners Association, sat in on the briefing on the item; and the Advisory Board voted in favor of the item; but there was concern about the landscaping. Mr. Honeycutt stated he met with Ms. Tees who advised she was satisfied. Vice Chairman Scarborough stated he would like an opaque vegetative buffer at least six feet in height. Mr. Honeycutt stated he worked with Reba Floyd on a recommended buffer.

Discussion ensued on the composition of the buffer, definition of opaque, height of shrubs, density of foliage, whether four-foot shrubbery is acceptable, time frame for growth, and sprinkler system.

Vice Chairman Scarborough passed the gavel to Commissioner O'Brien.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 1 with a 4-foot totally opaque vegetated buffer with 10-foot trees along the length of Haverhill Road except for the parking area and entrances, and on LaFair Street to the extent there is residential property to the south, and with an underground sprinkler system. Motion carried and ordered unanimously.

Commissioner O'Brien passed the gavel to Vice Chairman Scarborough.

Item 2. Leslie Lynn Kleinhenz, Personal Representative for Ruth A. Humbach Estate's request for change from RU-1-9 to RP on 0.28 acre located on the northeast corner of Aron and Vineland Streets, which was denied by the Planning and Zoning Board.

Jennifer Dicandio stated the intent is to operate an Allstate Insurance office on the property; and at the January 7, 1998 Port St. John Advisory Board meeting, three residents expressed concerns. She submitted a site plan showing the intended renovations and current photographs of the house showing its need for repair. She stated one concern is a lighted sign; she does not have a lighted sign at her current office; and her intent is to continue to have no lighted sign. She stated another concern is the parking lot; the parking with be at the point farthest from the residents; the daily traffic should be three to five cars; and the residents should see no increase in traffic. She described the area surrounding the property; and stated after hours the residents will not be able to tell the difference between her office and the other homes in the area. She described the house; read aloud the section pertaining to RP zoning; and stated the location of the property would be a buffer zone between residential and commercial development. She stated if she purchases the dwelling, the residents will have a good neighbor.

Mary Moore, Andrew Terek, John Speir, David Zagora, Count Gibson, and Michael Krzyston spoke in opposition to the rezoning. Mr. Zagora submitted a petition with 60+ names opposing the rezoning.

Ms. Dicandio advised of her intent to be with Allstate Insurance for many years; and described other businesses in the area. She stated in the evening her office will be closed; there will be no lighted sign; and it will not be possible to tell it is an office. She stated the house needs $45,000 in renovations; it has been on the market for two years with no interest; and if someone buys it, it may become rental property. She reiterated her office would be a buffer between residential and commercial; and there is residential on three sides of the property now.

Vice Chairman Scarborough passed the gavel to Commissioner O'Brien.

Commissioner Scarborough stated he believes the applicant, however, the Board does not grant zoning to people but to the land; and advised of the possible impact of the rezoning.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to deny Item 2 as recommended. Motion carried and ordered unanimously.

The meeting recessed at 6:57 p.m. and reconvened at 7:15 p.m.

Item 101. Franklin G. Buckoski's request for change of classification from AU to RU-1-13 and a Conditional Use Permit for a Bed and Breakfast Inn on 0.4287? acre located on the southwest corner of SR 46 and Singleton Avenue, which was approved by the Planning and Zoning Board.

Zoning Official Rick Enos advised the RU-1-13 zoning classification does not permit the Bed and Breakfast as it is a conditional use permit rather than a permitted use, and AU zoning does not permit a Bed and Breakfast.

Commissioner Scarborough inquired if there is anyone in opposition to Item 101; with no response heard.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to table the request for Conditional Use Permit for Bed and Breakfast on Item 101 to March 26, 1998 Board of County Commissioners meeting. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve change of zoning on Item 101 from AU to RU-1-13. Motion carried and ordered unanimously.

Item 102. Vicki L. Brown's request for change from GU to AU on 2.08 acres located on the east side of Fan Palm Avenue, approximately 0.12 mile north of Areca Palm Street, which was approved by the Planning and Zoning Board.

Commissioner Scarborough inquired if there is any opposition to Item 102; with no response heard.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 102 as recommended. Motion carried and ordered unanimously.

Item 103. Sandra G. Pierini's request for change from GU to ARR on 1.15 acres located on the south side of Sharpie Avenue, approximately 0.10 mile east of Satellite Boulevard, which was approved by the Planning and Zoning Board.

Commissioner Scarborough inquired if there is any opposition to Item 103; with no response heard. Commissioner Higgs advised she will vote against the item because of her concern about ARR zoning.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 103 as recommended. Motion carried and ordered; Commissioner Higgs voted nay.

Item 104. Lewis G. (Jr.) and Mary Ann Rhoades' request for change from RRMH-1 to ARR on 1 acre located on the south side of Eureka Avenue, approximately 0.22 mile west of Satellite Boulevard, which was tabled to the February 2, 1998 Planning and Zoning Board meeting.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to table Item 104 to February 2, 1998 Planning and Zoning meeting as recommended. Motion carried and ordered unanimously.

Item 105. L. W. and Barbara Jean Watson's request for change from TR-1 on 0.30 acre located on the south side of Miller Avenue, approximately 150 feet east of Railroad Avenue, which was approved by the Planning and Zoning Board.

Commissioner Scarborough inquired if there is anyone in opposition to Item 105; with no response heard.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 105 as recommended. Motion carried and ordered unanimously.

Item 106. Santo Millitello's request for change from GU to ARR on 1.04 acres located on the west side of Satellite Boulevard, approximately 150 feet south of Bear Trail, which was approved by the Planning and Zoning Board.

Commissioner Scarborough inquired if there is anyone in opposition to Item 106; with no response heard.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 106 as recommended. Motion carried and ordered; Commissioner Higgs voted nay.

Commissioner O'Brien passed the gavel to Vice Chairman Scarborough.

Item 202. Brevard County Board of County Commissioners, on its own motion, authorized administrative rezoning from IU to PIP on 37.8 acres located on the north side of Lambert Drive, approximately ? mile west of Banana River Drive, which was approved by the Planning and Zoning Board; and

Item 203. William R. and Lucille H. Lambert's request for a Conditional Use Permit for Additional Building Height (60') as required by the PIP classification on 37.8 acres located on the north side of Lambert Drive, approximately ? mile west of Banana River Drive, which was approved by the Planning and Zoning Board.

Commissioner O'Brien stated the item concerns the Sea Ray Boats expansion; and inquired if anyone is in opposition to the application; with no response heard. He advised he has discussed the issue with Mr. Thompson, Mr. Dobson, Mr. Kaiser and Mr. Tessitore.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to approve Items 202 and 203 as recommended.

Commissioner Cook stated he spoke to Mr. Dobson and Mr. Nelson.

Vice Chairman Scarborough requested language that if a person uses a conditional use permit it would be there in perpetuity; however, if a person does not utilize it within a three-year period, they would have to reapply to the Board to have it continue.

Commissioner O'Brien amended his motion to include the language suggested by Vice Chairman Scarborough.

Robert Weston, representing Sea Ray Boats, Inc., stated the property is a 38-acre tract which will be developed in phases; the overall planning is not complete at this point; and the first phase will be the design and engineering aspect. He stated the manufacturing facility will be built at a later date, and will require the 60-foot limit; and if the zoning were left as is, it would have a 60-foot limit. He stated they do not want a three-year limit on it; and expressed preference for a five or ten-year limit. Commissioner O'Brien amended the motion to include the language suggested by Vice Chairman Scarborough with a seven-year limit.

Vice Chairman Scarborough explained his preference for a five-year limit.

Discussion ensued on the limit, reason for administrative rezoning, and reason for time limit on conditional use permits.

Commissioner Higgs stated the Board has recognized there are sleeping giants in this issue; the applicant has indicated agreement with five years; in their presentation before the Planning and Zoning Board, Sea Ray indicated it might not need the additional height; and the time restraint suggested by Commissioner Scarborough is reasonable.

Dick Thompson, representing the owner and applicant, stated the sale of the property to Sea Ray Boats, Inc. is contingent upon the CUP; no conditions were set forth for a time limit on the CUP; and requested the Board not put a time limit on the CUP, or if it must put a limit, put it way down the road. He stated Sea Ray has big plans for the property; but it needs flexibility in the CUP.

Commissioner Higgs noted once Sea Ray uses the height, it is locked in. Mr. Thompson stated Sea Ray could put in a 60-foot tower to meet the CUP, but that is not what they want to do; under PIP all work must occur inside a building; and the 60-foot height will be needed at some time to accommodate the cranes to work on the boats.

Commissioner Higgs stated the testimony before the Planning and Zoning Board was not consistent with what Mr. Thompson is saying now; and it was stated that Sea Ray was not sure it would use the additional height at all. Mr. Thompson stated the contract for purchase of the property is contingent upon approval of the CUP.

Commissioner O'Brien stated the Board has never done this before for any CUP; Sea Ray wants to be a good corporate partner in the community; the property is not close to any residential; and he would hate to contemplate what will happen if the Board starts tagging on conditions.

Vice Chairman Scarborough stated there were nine CUP requests on the Agenda; the Board is telling people it is concerned because there was a sleeping CUP which resulted in a 360-foot tower; and if the Board does what Commissioner O'Brien proposes, it will send a message that a big industry or company can get special favors. He commented on whether 400 jobs is more important than one job; and stated the Board has to take steps to put some parameters on the CUPs.

Commissioner Cook inquired if seven years would be an acceptable term; with Mr. Weston responding he would prefer ten years.

Commissioner O'Brien advised there is a significant economic impact; and ten years would be a fair term.

Mr. Weston stated this is a different situation because of the administrative rezoning; and if not for that, they would have what was contemplated when they signed the contract. He stated the setbacks in PIP are not a problem, but the building height limit is a problem; and the existing zoning ordinances do not have provisions for changing things such as time limitations. Vice Chairman Scarborough stated there were nine applicants who were informed that their items would not proceed because of the moratorium; the Sea Ray item was singled out because 400 jobs are involved; and the Board is trying to accommodate Sea Ray. He stated there will be other people who will be severely impacted; they will be approved after the changes; and he anticipates more severe limitations than a five-year limit on the CUP.

Commissioner Higgs stated what Mr. Weston said about the conditions the Board can put on conditional use permits is not accurate; and requested the County Attorney address the issue. Ms. Bentley advised there are two treatises that are usually referred to; and they do address time periods which can be placed on the conditional use permits. Mr. Weston stated he stands corrected; however, he is requesting the ten-year time period.

Commissioner O'Brien stated the property was zoned IU; then the land use was changed in the Comprehensive Plan; and if the Board moves for denial, the property cannot be used at all. He noted the track record of Sea Ray Boats in the community.

Vice Chairman Scarborough stated the Board is already making an exception to consider the CUP when every other one is not being considered; and the Board has to address the concerns. He stated the length of the CUP will extend by multiples over what other CUPs will be after the Board takes action. He stated if the Board destroys its credibility, it will have done more destruction than the loss of 400 jobs. He stated he will agree to a ten-year period; but the Board will have to explain why it made this exception.

Commissioner Cook stated the standard in the future will be a much shorter time period, so this is an exception.

Motion restated and amended by Commissioner O'Brien, seconded by Commissioner Cook, to approve Items 202 and 203 as recommended, with 10-year limit, after which, if no action is taken to use the CUP, the applicant must return to the Board to renew the CUP.

Commissioner Higgs stated she is willing to support the motion based on the administrative rezoning, and the fact that it is a very different situation from the others the Board is dealing with.

Commissioner Cook agreed; and stated the rezoning was initiated by the County.

Vice Chairman Scarborough called for a vote on the motion, as amended. Motion carried and ordered unanimously.

Item 302. John D. and Shirley R. Fenno's request for change from RU-1-9 and AU to RU-1-11 on 1.002? located on the west side of Blue Shore Road, approximately 130 feet south of Ambersand Place, which was approved by the Planning and Zoning Board.

Commissioner Higgs inquired if the applicant is willing to agree there will only be one unit developed on the combined parcel.

John Fenno responded it will be one two-bedroom residential home; and explained why the rezoning is necessary.

Zoning Official Rick Enos stated he explained the binding development plan concept to Mr. Fenno; and he is concerned about the length of time it would take to get it recorded which would be approximately one to two weeks.

Commissioner Higgs stated the Board can approve the zoning with the binding development plan, and staff could work it out so Mr. Fenno could proceed. Mr. Enos stated he discussed with the County Attorney the possibility of designing this so Mr. Fenno can get a building permit and begin construction, and the County can be sure the binding development plan is in place before the CO is issued. Ms. Bentley advised there could be procedural problems, but the Board can take the action if it wants to. Mr. Enos stated because of the simplicity of the item, it could be handled.

Commissioner Higgs inquired if Mr. Fenno is willing to agree to a binding development plan for one single-family home. Mr. Fenno stated he does not understand. Commissioner Higgs explained how the binding development plan would work. Mr. Fenno inquired if his builder can get a permit and get started; with Commissioner Higgs responding affirmatively, but cautioning Mr. Fenno will not be able to get a certificate of occupancy until the paperwork is completed. Mr. Fenno inquired how he can work with Mr. Enos; with Commissioner Higgs responding it can be done by telephone and mail.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to approve Item 302 with a Binding Development Plan limiting to one single-family residence only, with BDP to be submitted before issuance of the Certificate of Occupancy. Motion carried and ordered unanimously.

Item 304. Brevard County Board of County Commissioners, on its own motion, authorized administrative rezoning from GU to GML(P) on 10.38? acres located at the western terminus of Allen Avenue, east of the FECRR, which was approved by the Planning and Zoning Board.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to approve Item 304 as recommended. Motion carried and ordered unanimously.

Item 401. Paul Joseph Makos and Janet Nussberg-Makos' request for a Conditional Use Permit for Temporary Living Quarters During Construction of a Residence in a GU zone on .55 acre located on the south side of Evinrude Road, approximately 0.39 mile west of Jones Road, which was approved by the Planning and Zoning Board.

Commissioner Cook inquired if the fact that the Board is taking this action prior to adopting an ordinance cures Mr. Makos' problem; with Mr. Enos responding Mr. Makos needs to have this item

approved before the Board approves an ordinance which changes the minimum lot size to one acre as his lot is less than that.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to approve Item 401 as recommended.

Commissioner Higgs stated Mr. Makos was at a previous Board meeting and engaged in discussion with the Board; and based on that she is willing to consider this conditional use permit tonight.

Vice Chairman Scarborough stated a request for a conditional use permit for temporary living quarters during construction is obviously of short-term duration.

Vice Chairman Scarborough called for a vote on the motion. Motion carried and ordered unanimously.

Item 402 (a) William J. Page's request for Expansion of a Mixed Use District and change from BU-2 with a Binding Site Plan to BU-2 with removal of the Binding Site Plan on 3.47 acres located south of the Pineda Causeway, immediately west of FECRR right-of-way, which was approved by the Local Planning Agency and Planning and Zoning Board.

Commissioner Cook stated the adjacent property is BU-1; in the early 1980's the property in question was also BU-1; and when the zoning was changed to BU-2 it was specifically only for warehouses. He stated the reason that was done was concern about changing a commercial corridor to a more intense zoning classification; and it was acceptable only because it was proposed for warehouses. He stated he is still concerned about changing what has traditionally been a commercial corridor adjacent to the Pineda Causeway.

David Menzel, representing the applicant, stated what is being done is changing the industrial park to mixed use; and the intent is for a commercial use.

Commissioner Cook stated it would be changed to BU-2 and could be anything within the BU-2 zoning classification. He stated the idea is to keep a BU-1 frontage; he would be happy to consider some kind of binding development plan at a future meeting; but it is not appropriate to change to BU-2 with no restrictions.

Mr. Menzel stated the property is divided into two land uses one way and two zonings the other way; and the intent is to put an office-retail center in the front and a mini-warehouse area in the back. He stated given the cost of the property, the location, and the access to Pineda Causeway, that is the intent; and the intent of the owner is not to proceed with warehouses or industrial on the Causeway. Commissioner Cook inquired if Mr. Menzel is referring to Item 402(b) when he refers to the back half of the property; with Mr. Menzel responding that is right, and a land use change is needed there. Commissioner Cook stated he supports the change to IU on the back portion of the property,but on the front portion BU-1 is more appropriate. Mr. Menzel stated he has no problem with BU-1 on that portion. Ms. Bentley advised it is possible to make the change to BU-1 as the applicant is agreeing to it.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to approve Item 402(a) as BU-1 and approve Mixed Use District expansion. Motion carried and ordered unanimously.

Item 402 (b) William J. Page's request for Small Scale Plan Amendment to the Future Land Use Map changing land use from Mixed Use and Planned Industrial Park to Heavy/Light Industrial on 2.52 acres located on the south side of the Pineda Causeway, just west of the FECRR, which was approved by the Citizen Resource Group and Local Planning Agency.

Commissioner Cook stated the applicant wishes to retain the IU zoning, and in order to do that, it is necessary to change the Comprehensive Plan. He stated he visited the site, and has no objection to the request.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to approve Item 402(b) as recommended by the Local Planning Agency, and adopt an Ordinance amending Article III, Chapter 62, of the Brevard County Code, entitled "The 1988 Comprehensive Plan", setting forth the First Small Scale Plan Amendment of 1998, 98S.1, to the Future Land Use Map of the Comprehensive Plan; amending Section 62-501 entitled contents of the Plan; specifically amending Section 62-501, Part XVIII (G), entitled the Future Land Use Map appendices; and provisions which require amendment to maintain internal consistency with these amendments; providing legal status; providing a severability clause; and providing an effective date. Motion carried and ordered unanimously.

Item 403. Barry R. Ranew and Kenneth L. Collett's request for change from RR-1 to BU-1-A on 1.033 acres located on the east side of Murrell Road, approximately 0.19 mile north of Barnes Boulevard, which was approved by the Planning and Zoning Board.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to approve Item 403 as recommended. Motion carried and ordered unanimously.

Item 404. Carl D. and Tambelynn Saladino's request for change from GU to BU-2 on 0.65 acre located 300 feet north of Suntree Boulevard, and approximately 380 feet west of US 1, which was approved by the Planning and Zoning Board.

Commissioner Cook inquired about access; with Dave Menzel responding there is a road right-of-way off Pineda Avenue to the south side of the property.

Discussion ensued on the access and surrounding properties.

Commissioner Cook inquired if the right-of-way is accessible; with Mr. Enos responding there is a right-of-way from Suntree Boulevard to the parcel, but it is not improved. Mr. Menzel advised the applicant will improve it for access; and there is also access from U.S. 1 and from an unimproved street to the north. Commissioner Cook inquired if it is necessary to come to the County for a permit to build a road and will it have to be to a certain standard; with Mr. Enos responding affirmatively. Motion by Commissioner Cook, seconded by Commissioner O'Brien, to approve Item 404 as recommended. Motion carried and ordered unanimously.

Item 405. Vivian A. Stahler's request for change from BU-1 and GU to BU-2 on 1.85 acres located 75 feet west of US 1 approximately 700 feet south of Allen Hill Avenue, which was approved by the Planning and Zoning Board as BU-2 in the GU-zoned portion only.

Commissioner Cook stated the Planning and Zoning Board recommended cutting off the BU-2 at the barrier; with Mark Stahler advising he has no problem with it.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to approve Item 405 as recommended. Motion carried and ordered unanimously.

Item Z9712405. Ronald D. Levy's request for change from AU and GML to RU-2-9 on 9.332? acres located west of Wickham Road, approximately 100 feet north of Pine Branch Drive, which was tabled to the March 2, 1998 Planning and Zoning meeting.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to table Item Z9712405 to the March 2, 1998 Planning and Zoning meeting. Motion carried and ordered unanimously.

Item Z9712202. Christophe J. N. and Yvette J. Buisson's request for change from RR-1 to AU on 2.55 acres located on the east side of North Tropical Trail, approximately 610 feet north of Andrix Street, which was approved by the Planning and Zoning Board.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to approve Item Z9712202 as recommended. Motion carried and ordered unanimously.

The meeting recessed at 8:05 p.m. and reconvened at 8:16 p.m.

PUBLIC COMMENT, RE: CONDITIONAL USE PERMITS

B. B. Nelson stated he got a permit from the St. Johns River Water Management District on property which he has owned since 1978. He stated he got information concerning the moratorium from the County Attorney; and the Board is not under a moratorium. He advised his permit has date limits from the Corps of Engineers, St. Johns River Water Management District, the County, etc.; and commented on the difficulty of working with different date limits. He stated everyone should be treated fairly; and encouraged the Board to pay more attention to local business people rather than residential because the commercial properties pay more taxes but receive few services. He recommended the Board review the issue of taxes without services.

PUBLIC HEARING, RE: ORDINANCE AMENDING SECTION ON TEMPORARY LIVING QUARTERS DURING CONSTRUCTION OF A RESIDENCE

Vice Chairman Scarborough called for the public hearing to consider ordinance amending Section on Temporary Living Quarters during Construction of a Residence.

Commissioner Higgs suggested on page 6, the wording be changed to "before the certificate of occupancy is issued," and on page 8, to "temporary electrical power for the temporary mobile home, travel trailer or RV shall be disconnected and shut off at the time the permanent electrical connection for the permanent residential structure is installed."

Motion by Commissioner Higgs, seconded by Commissioner Cook, to approve language changes on page 6 from "when" to "before" and on page 8 from "approved" to "installed," and continue the public hearing to consider an ordinance amending section on temporary living quarters during construction of a residence to February 10, 1998. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62, ARTICLE VI, DIVISIONS 1, 4 AND 5, SPECIFICALLY ADDING DEFINITIONS AND REQUIREMENTS AND AMENDING EXISTING SOLID WASTE REQUIREMENTS WITHIN CERTAIN ZONING CLASSIFICATIONS

Vice Chairman Scarborough called for the public hearing to consider an ordinance amending Chapter 62, Article VI, Divisions 1, 4 and 5, specifically adding definitions and requirements and amending existing Solid Waste requirements within certain zoning classifications.

Commissioner Cook stated C&D would now only be in industrial and GML classifications; and he does not know if that is significant. He stated on page 14, the setback requirement may be onerous because it is taking a lot of land out of use; the County would also have to comply; and there are areas where a setback may not be required to be that substantial. Commissioner O'Brien stated he agrees.

Vice Chairman Scarborough advised of his experience trying to find a C&D site in North Brevard; and stated when it was time to site the mulching facility on SR 405, he had learned enough to address beautification, necessity of opaque vegetative buffers, and location on a major arterial road. He inquired if staff put together any language. Planner George Ritchie stated no language has been posted into the language, but he has conferred with Reba Floyd on the additional expense that would be incurred and the type of language to use.

Discussion ensued on direct access from major arterial road, opaque vegetative buffers, whether buffers are needed in high intensity industrial areas, the North Brevard Mulching facility, 50-foot perimeter buffers from Tower Ordinance, use of certain plant materials for opaque buffer, and Florida habitat species.

Commissioner Higgs stated there is an incinerator mulching facility in Micco; and expressed concern about a mulching facility in an AU zone. She stated it is an industrial use and should not be in AU, although a composting facility would be an agricultural use.

Vice Chairman Scarborough stated if there is a composting facility, all the green waste will go to it; after a hurricane, immense amounts of material and large equipment are moved; and it would have an impact on a rural road.

Commissioner Higgs reiterated her concern about mulching facilities in AU zones.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to continue the public hearing to consider an ordinance amending Chapter 62, Article VI, Divisions 1, 4 and 5, specifically adding definitions and requirements and amending existing solid waste requirements within certain zoning classifications to February 26, 1998. Motion carried and ordered unanimously.

Zoning Official Rick Enos advised mulching also appears in the AGR on page 4 as well, and he presumes the Board wishes to remove it from that classification as well.

Vice Chairman Scarborough requested staff brief the Commissioners prior to the next meeting. Commissioner Cook requested an option be provided on the setbacks. Mr. Ritchie inquired if the vegetative buffer would only be around composting facilities and not other sites; with Vice Chairman Scarborough responding the only place he does not want opaque vegetative buffers is in heavy industrial areas. Vice Chairman Scarborough commented on the use of bamboo.

PUBLIC HEARING, RE: ORDINANCE AMENDING CONDITIONAL USE PERMIT FOR PRIVATE HELIPORTS

Vice Chairman Scarborough called for the public hearing to consider an ordinance amending conditional use permit for private heliports.

Commissioner O'Brien stated staff did a good job on the ordinance.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to adopt an Ordinance amending Chapter 62, "Land Development Regulations", Code of Ordinances of Brevard County, Florida; amending Article VI, Division 5, Subdivision 3, specifically amending Section 62-1943.5, "Private Heliports", creating a definition for private heliports under Article VI, Division 1 Section 62-1102 for clarification or use, amending Article VI, Division 5, Subdivision 3, specifically amending Section 62-1331(3), General Use (GU), adding private heliports as a conditional use, amending Article VI, Division 5, Subdivision 3, specifically amending Section 62-1332(3), productive agriculture (PA), adding private heliports as a conditional use, amending Article VI, Division 5, Subdivision 3, specifically amending Section 62-1333(3), Agriculture (AGR), adding private heliports as a conditional use, amending Article VI, Division 5, Subdivision 3, specifically amending Section 62-1334(3), Agriculture Residential (AU), adding private heliports as a conditional use, amending Article VI, Division 5, Subdivision 3, specifically amending Section 62-1335(3), Rural Estate Use (REU), adding private heliports as a conditional use, providing for conflicting provisions; providing for severability; providing for area encompassed; providing an effective date; and providing for inclusion in the Brevard County Code.

Commissioner Higgs expressed concern about the 600 feet from existing single family homes; and recommended language be included to include property zoned for single family homes.

Commissioner O'Brien amended the motion to include property zoned for single family homes. Commissioner Cook accepted the amendment.

Zoning Official Rick Enos expressed concern about AU and REU which are residential classifications. Commissioner Higgs suggested the setback be from the property line not the zoning. Discussion ensued on whether it should be 400 feet or 600 feet from the property line. Mr. Enos stated under item 2G it is 600 feet from single family homes, and under item 4 it is 500 feet from the property lines. Commissioner Higgs suggested it be made consistent at 500 feet. Mr. Enos stated 500 feet will be left in item 4 and he will strike item 2G. Commissioner Higgs stated under item 9 she would like to strike "lessee."

Motion amended by Commissioner O'Brien, seconded by Commissioner Cook, to amend the motion to strike item 2G and strike "lessee" under item 9. Motion carried and ordered unanimously.

There being no further comments heard, motion was made by Commissioner O'Brien, seconded by Commissioner Cook, to adopt an Ordinance amending Chapter 62, "Land Development Regulations", Code of Ordinances of Brevard County, Florida; amending Article VI, Division 5, Subdivision 3, specifically amending Section 62-1943.5, "Private Heliports", creating a definition for private heliports under Article VI, Division 1 Section 62-1102 for clarification or use, amending Article VI, Division 5, Subdivision 3, specifically amending Section 62-1331(3), General Use (GU), adding private heliports as a conditional use, amending Article VI, Division 5, Subdivision 3, specifically amending Section 62-1332(3), productive agriculture (PA), adding private heliports as a conditional use, amending Article VI, Division 5, Subdivision 3, specifically amending Section 62-1333(3), Agriculture (AGR), adding private heliports as a conditional use, amending Article VI, Division 5, Subdivision 3, specifically amending Section 62-1334(3), Agriculture Residential (AU), adding private heliports as a conditional use, amending Article VI, Division 5, Subdivision 3, specifically amending Section 62-1335(3), Rural Estate Use (REU), adding private heliports as a conditional use, providing for conflicting provisions; providing for severability; providing for area encompassed; providing an effective date; and providing for inclusion in the Brevard County Code, as amended. Motion carried and ordered unanimously.

Mr. Enos inquired if the intent is to include the 25-acre minimum or exclude it. Commissioner O'Brien stated the intent was to include it.

PUBLIC HEARING, RE: ORDINANCE AMENDING DEFINITION OF PETS PERTAINING TO RABBITS

Vice Chairman Scarborough called for the public hearing to consider an ordinance amending definition of pets pertaining to rabbits.

There being no comments or objections heard, motion was made by Commissioner Cook, seconded by Commissioner Higgs, to adopt an Ordinance amending Chapter 62, "Land Development Regulations", Code of Ordinances of Brevard County, Florida; amending Article VI, Division 1, Section 62-11-2 "Definitions and Rules of Construction"; specifically amending the definition of pets, providing for conflicting provisions; providing for severability; providing for inclusion in the Brevard County Code and providing an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING SECTION ON FARM ANIMALS AND FOWL PERTAINING TO RABBITS

Vice Chairman Scarborough called for the public hearing to consider an ordinance amending section on farm animals and fowl pertaining to rabbits.

There being no comments or objections heard, motion was made by Commissioner Cook, seconded by Commissioner Higgs, to adopt an Ordinance amending Chapter 62, "Land Development Regulations", Code of Ordinances of Brevard County, Florida; amending Article VI, Division 6, Subdivision 1, specifically amending Section 62-2108 dealing with farm animals and fowl, providing for conflicting provisions; providing for severability; providing for inclusion in the Brevard County Code and providing an effective date. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE AMENDING ZONING CODE ON SUBSTANTIAL BUILDING REQUIREMENTS

Motion by Commissioner Cook, seconded by Commissioner Higgs, to grant permission to advertise ordinance amending the Zoning Code provisions related to proposed uses that take place within substantial buildings completely enclosed with walls and a roof within the TU-1, TU-2, PBP, PIP and IU zoning classifications. Motion carried and ordered unanimously.

DISCUSSION, RE: USES IN AU ZONING CLASSIFICATION

Commissioner Higgs inquired if the Board will be dealing with issues in AU zoning classifications such as athletic complexes which were not specifically advertised. Zoning Official Rick Enos stated that issue was addressed in December, 1997; some commercial uses were removed; and athletic complexes and stadiums were moved to a conditional use. He advised the proper changes will be made to reflect the recent changes in AU.

Vice Chairman Scarborough stated if an applicant contacts the Zoning Department requesting something be tabled, the Board has discussed the effect of that and notice; and one of the questions Mr. Enos raised is how to know the County is contacting other interested persons. He requested Mr. Enos put together a memorandum advising of some of the problems that can occur.

Upon motion and vote the meeting adjourned at 8:45 p.m.

HELEN VOLTZ, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

ATTEST:
SANDY CRAWFORD, CLERK
( S E A L )